Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33893 of 2019 Applicant :- Arun Kumar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sanjay Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard Sri Sanjay Kumar Yadav, learned counsel for the applicant and Sri Yogeshwar, learned AGA appearing for the State.
This bail application moved on behalf of applicant praying to enlarge the applicant on bail in Case Crime No.24 of 2019, under Sections 323, 504, 506, 147, 363, 366, 376, IPC, and Section 3/4 POCSO Act, Police Station Chopan, District Sonebhadra.
The contention of the leaned counsel appearing for the applicant is that the applicant has been falsely implicated in the present case; that the age of the girl 17 years 5 months and 27 days as on date, and thus she is on the verge of attaining the age of majority; much reliance has been placed upon the contradictions in the statements of the girl recorded under Section 161 Cr.P.C. and 164 Cr.P.C. The further contention is that the medical examination report of the girl does not support the case of prosecution, as set up in the FIR. The applicant is in jail since 14.06.2019 with no previous criminal history.
Learned AGA appearing for the State opposed the prayer for bail, but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Keeping in view the reasons as stated above, the facts and circumstances of the case as have been discussed at the Bar of this Court, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out. However, the said prima facie view of this Court will not in any manner adversely affect the case of the prosecution.
The prayer for bail is granted. The application is allowed.
Let the applicant Arun Kumar involved in the aforesaid case crime number be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 22.8.2019/VKG